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Injury Litigation

Injuries litigation is the legal process that allows you to seek compensation for your losses and injuries. Your lawyer will create strong evidence for your case, including eyewitness testimony, medical documents as well as statements of the defendant and expert witness opinions.

Your lawyer will then begin to file your lawsuit. After the defendant has responded, the case moves into the stage of fact-finding, which is known as discovery.

The Complaint

Before a lawsuit is filed the person who suffered the injury (plaintiff), must conduct pre-lawsuit investigation. This involves reviewing police accident reports as well as conducting informal discovery and identifying potentially liable parties and legal remedies that can be asserted against them.





Once the plaintiff has done this, they are able to file a summons and complaint. The complaint identifies the person that is being sued and describes the harm that was caused by the defendant's conduct or lack thereof. It usually includes a request for compensation for medical expenses loss of income, suffering and pain, and other damages arising from their injury.

The defendant has 30 days to respond, also known as an answer. In this response, the defendant can accept or deny the allegations made in the complaint. They may also include an additional defendant from a third party or file a counterclaim.

During the discovery phase during the discovery phase, both parties will share relevant information regarding their positions and evidence. This usually includes depositions, written questions (called interrogatories) and requests for documents. This phase usually takes up most of the time for a lawsuit. If there are settlement options that are available, they will be negotiated during this period. Otherwise the case will proceed to trial. In this instance your attorney will be able to explain your side of the story before a judge or a jury and the defendant will take on their defense.

The Discovery Phase

Discovery is a formal phase that allows you and your legal team to share information with the other party and collect evidence. This may include witness testimony and details about your medical treatment, and evidence of the losses you've suffered. Your attorney may also employ several different tools in discovery to help your case, including interrogatories, requests for documentation and depositions. Interrogatories are questions that require a written response as well as requests for documents requires the submission of all relevant documents under the control of each party. Requests for admissions require the other party to acknowledge certain facts. This can save time and money since the attorneys don't have to prove the facts uncontested in court. Depositions are live interviews of witnesses in which your attorney can question them about the incident under oath, and get their answers recorded and transcribed by a court reporter.

While discovery may seem like a long painful, invasive and uncomfortable process but it's a crucial step to gather the evidence required to win your injury case. Your lawyer will be willing to go over the specifics of the discovery process with you during your free consultation. For instance, if you try to hide a preexisting condition that has aggravated your injury it could be discovered in the process of discovery and thrown out of your case.

The Negotiation Phase

A settlement that is negotiated is the aim of the majority of injury cases. injury claim mesa involves a exchange of back and between your lawyer and the responsible party's insurer. This may include informal conversations/correspondence (by phone, in meetings, by email) where the parties trade offers and counter-offers. Your lawyer can assist you in determining the amount of settlements you would like to request and assist in negotiations.

The amount of damages, which includes medical bills, lost wages, and future losses, is an aspect that is constantly changing. The severity of your injuries could increase as time passes, which could increase the amount of your future losses and reduce the amount of your current losses. Your lawyer will ensure that damages are determined based upon your current injuries as well as the probability of future recovery.

Insurance companies usually attempt to limit their payout by disputing certain elements of your claim. This can result in delays in settlement negotiations. However, your lawyer has strategies to help you overcome these obstacles and get the best outcome for your case. Negotiating a settlement can take months or even years. Many factors affect how long settlement negotiations take, but knowing what to expect can make the process easier and more efficient for you.

The Trial Phase

While the majority of injuries cases are resolved by settlement negotiations outside of court, your attorney may decide to bring your case to trial if a satisfactory solution is not reached. This can be a difficult, expensive and time-consuming procedure. The jury also has to decide if the defendant should be held liable for your injuries and the amount you will receive. It is crucial for your lawyer to conduct a thorough investigation of your case in this phase to fully comprehend the way you were injured and the extent of your injuries, the damages and costs.

Your attorney will now call witnesses and experts, and will present physical evidence, including photographs, documents, and medical reports. This is the "case-in-chief" phase. The defense attorney will summon witnesses to testify on behalf of a defense, and argue that the plaintiff should not be entitled to damages. The jury or judge evaluates the evidence and arguments of both sides.

The judge will explain to the jury the legal standards that must be adhered to in order to decide in the favor of plaintiff or against defendant. This is referred to as jury instruction. After that, both sides present their closing arguments. If the jury cannot reach a consensus and the judge declares a mistrial. In rare instances appeals may be available in the event that you are unhappy with the outcome of your trial.